A few thoughts on the new Subsidy Control guidance...
1/5
1/5
https://twitter.com/subsidycontrol/status/1344749204497952781
Although the Subsidy Control guidance is clearly intended to be helpful, it’s very complicated.
Statements like the one below, are likely to have a chilling effect on the award of public funding.
2/5
Statements like the one below, are likely to have a chilling effect on the award of public funding.
2/5
The need for a “dual assessment” (taking account of EU State aid law as well as UK Subsidy Control rules) is necessary for awards due to Article 10 of the Northern Ireland Protocol.
The guidance is more optimistic on the impact of Article 10 than @GeorgePeretzQC (below).
3/5
The guidance is more optimistic on the impact of Article 10 than @GeorgePeretzQC (below).
3/5
https://twitter.com/georgeperetzqc/status/1337118690991628291
Not only are the transparency requirements under the new Subsidy Control regime very prescriptive, but they will make it very clear when a public body has failed to apply the right level of consideration to an award.
4/5
4/5
The government says it plans to consult on a new independent body overseeing subsidy control in due course.
However that raises questions about how the UK is compliant with Article 3.9 of the EU-UK Trade and Cooperation Agreement in the meantime.
5/5
However that raises questions about how the UK is compliant with Article 3.9 of the EU-UK Trade and Cooperation Agreement in the meantime.
5/5
I expect the guidance will be updated soon and clearer rules, such as safe harbours, will emerge in the near future.
In the meantime, public bodies need to be methodical and keep detailed records.
Don’t stop awarding public funding simply because of the uncertainty.
< End >
In the meantime, public bodies need to be methodical and keep detailed records.
Don’t stop awarding public funding simply because of the uncertainty.
< End >
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